Section 58-1-30 - Conditions for transmission of electronic documents

58-1-30. Conditions for transmission of electronic documents.An insurer may only deliver a notice or document to a party by electronic means pursuant to §§58-1-27 to 58-1-39, inclusive, if:(1)The party affirmatively consents to the electronic delivery and has not withdrawn the consent;(2)The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:(a)Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;(b)The right of the party to withdraw consent to have a notice or document delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;(c)Whether the party's consent applies:(i)Only to the particular transaction as to which the notice or document must be given; or(ii)To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;(d)The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and(e)The

se of the parties' relationship;(d)The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and(e)The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically;(3)The insurer ensures that the party:(a)Is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means before the party consents to electronic delivery; and(b)Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates the party can access information in the electronic form that will be used for notices or documents delivered by electronic means; and(4)The insurer, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of:(a)The revised

vered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of:(a)The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and(b)The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under subsection (2)(b) of this section. Source: SL 2014, ch 230, §4.